Politics
Ron DeSantis delves into Dred Scott decision, SCOTUS pessimism yet again
Florida’s Governor is putting his legal background to work, offering observations on the contemporary relevance of what he once said was the worst decision in the history of the United States Supreme Court.
On Tuesday, Ron DeSantis weighed in on the 14th Amendment to the U.S. Constitution, relative to an executive order from the Donald Trump administration invalidating the concept of birthright citizenship as it relates to the children of illegal immigrants.
The Harvard Law graduate said the “purpose of the 14th Amendment’s citizenship clause was to overturn the Dred Scott case, not to bestow citizenship on those present in the US against the people’s will as expressed in law.”
The citizenship clause holds that “persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Yet the position Trump, DeSantis, and others who believe in immigration restrictions subscribe to is that the children of illegal aliens are not citizens by dint of birth.
DeSantis believes the “executive order will be litigated until the Supreme Court decides the question (which it has never decided) of whether children born to illegal aliens get constitutionally-mandated citizenship.”
“The framers of the amendment clearly did not believe so,” he added.
Late last year, DeSantis said 1857’s Dred Scott v. Sandford stood out as the most egregious ruling in the history of the High Court.
“It denied the basic humanity of Dred Scott. It was instrumental, of course, in leading to the Civil War. I know there’s not everyone that is willing to admit that anymore, but that’s just the reality.”
The Supreme Court’s 7-2 decision was rooted in the argument that Scott, an enslaved Black man who was taken from a slave state to a free state, lacked standing to sue, even though he’d been moved to territory where slavery was illegal. Chief Justice Roger Taney’s decision was intended to overturn the Missouri Compromise, allowing slavery in the territories and giving slaveholders the presumption of elastic property rights, which DeSantis found morally and constitutionally abhorrent.
“Not only was it wrong, not only was it dehumanizing, it was massive judicial activism. That was not what the Constitution said, that was not what the Founding Fathers envisioned when they created the Constitution. And so they were taking their judicial power and they were trying to ‘solve’ an issue that they had no right to legislate on,” DeSantis said, calling it an example of the High Court “not only getting the law wrong, but also abandoning their entire role under the Constitution.”
Trump’s order says “the privilege of United States citizenship does not automatically extend to persons born in the United States … when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary, and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
It also claims “the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”
DeSantis isn’t necessarily confident that the current court would come down on the side of his and Trump’s read on birthright citizenship based on subsequent comments responding to a poster who hoped Sen. Ashley Moody would have a chance to confirm a conservative jurist to replace a “lib justice.”
“That might be necessary to get the desired ruling — I’m not sure there are currently 5 votes on the Supreme Court for the notion that the 14th Amendment does not give birthright citizenship to illegals. If there aren’t 5 votes then shutting down illegal alien birthright citizenship would require an amendment to the Constitution itself, which would be unlikely to get enacted as blue states would almost certainly refuse to ratify it,” DeSantis noted.
The Governor has not been shy about criticizing the current Supreme Court for being insufficiently conservative, even as many analyses hold that on key questions, it leans to the right by a 6-3 margin.
His critiques have extended to Brett Kavanaugh , who after he was confirmed opted to “go left,” and said that Neil Gorsuch was even worse.
As a presidential candidate, DeSantis suggested that when the next president replaces conservative stalwarts Clarence Thomas and Samuel Alito, picking “good judges” is not enough.
“If you replace them with one of those three, like a Kavanaugh. that moves the court to the left, doesn’t keep it where it is,” DeSantis said. “As a President, you got to know that we’re going to need justices in the mold of it, Alito, in the mold of Clarence Thomas to replace them and then any other vacancies that may occur, because if you don’t get that right, then you’re moving the court in a more leftward direction.”
He also lumped Amy Comey Barrett into the mix, telling Hugh Hewitt that while he respects “the three appointees he did … none of those three are at the same level” with Alito and Thomas.
DeSantis is lukewarm on the Chief Justice also.
“If you replace a Clarence Thomas with somebody like a John Roberts or somebody like that, then you’re going to actually see the court move to the left and you can’t do that,” DeSantis said.
As a presidential candidate, he said he expected the next President to be able to replace up to four justices and created a path to a “7-2” conservative majority
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Florida Gov. Ron DeSantis continues to tub-thump against the TRUMP Act, a “grotesque” and “weak, weak, weak” legislative bill fighting illegal immigration that he says he will veto if they ever send it his way.
As has been the case all week, DeSantis is delivering his verdict at press conferences, the latest in Destin on Friday where he urged legislators to buck Senate President Ben Albritton and House Speaker Daniel Perez. He suggested the bill hadn’t been transmitted yet because legislators can’t handle the rejection he believes will inevitably come.
“If this is such good legislation, why have they not sent me the bill yet to act on? Why are they holding the bill for me to act on? And I think the reason is because if we get the bill and we do an event where we have a lot of people and I veto the bill in front of this crowd, is the crowd going to cheer or is the crowd going to boo? The crowd’s going to cheer and we know that.”
DeSantis suggested that legislators were cowed by the power leadership has in the Senate and House.
“A lot of these guys get spooked by that… because they get a lot of pressure from the leadership. If you buck the leadership, they take away your committee assignments. They won’t hear your bills, they take away your projects. And a lot of these guys get spooked by that, although let me just tell you, you need to be willing to take consequences to stand to do what’s right. You shouldn’t let them bully you,” DeSantis said, before issuing a threat of his own.
“We’re going to get involved in some of these legislative primaries because I just think that if you’ve campaigned one way and you get up and you do something different, we need to expose that for the voters,” DeSantis said.
DeSantis’ frustration voiced Friday about legislators who “fall into line” under “pressure” to support a “jalopy” of a bill from legislative leadership didn’t stop there, as he said many in Tallahassee would vote for the “stronger” product he prefers.
“I’m so sick of politicians campaigning, telling you they’re going to be tough on it and then squish out,” DeSantis said, blasting Senate and House leaders for saying his call for a Special Session was a “stunt” and “premature” before not complying with enacting his proposals.
“They fought back, they had their excuses,” DeSantis said, accusing House and Senate leaders of creating legislation that “didn’t answer the call” and would make immigration enforcement less effect under “willing partner” Donald Trump than even under Joe Biden with current law.
“It actually undercuts what we’re already doing,” DeSantis said, citing Haiti as an example.
“We’ve interdicted thousands and thousands of illegals,” he said, “saving lives” from the contraband carried by refugees.
“The bill the Legislature sent me actually terminates the state of emergency,” he said, adding that it disempowers his authority as Governor.
“They eliminated any immigration enforcement from the Governor and state agencies … and they lodged it in the Commissioner of Agriculture,” DeSantis complained, reprising his “fox in the henhouse” harrumph about Wilton Simpson, the egg farmer from Trilby who would be charged with immigration enforcement in the legislature’s bill. DeSantis further lamented the legislature’s approach to immigration enforcement offers a “mother may I” process for coordination between state, local, and federal officials.
“The reason they did it,” he said, was to “stymie” immigration enforcement and allow illegal “cheap labor” for various industries under Simpson’s watch, creating a “massive corporate subsidy” with socialized costs “on our communities” via policy choices that would make Florida a “sanctuary state.”
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University of Central Florida (UCF) President Alexander Cartwright’s contract was extended this week, giving him a $900,000 base salary — a 20% raise — to continue leading one of the biggest schools in the country for the next year.
The Florida Board of Governors approved Cartwright’s deal Thursday after the trustees at the Orlando school voted yes last month.
The new contract will pay him a $900,000 base salary starting April 13 until April 12, 2026. In addition, he is eligible to receive bonuses up to $375,000, which would put Cartwright’s total compensation at $1.275 million.
His previous annual base salary was $750,000.
“Dr. Cartwright’s efforts have also positioned UCF as a national leader in higher education,” UCF Trustees Chair Alex Martins, who is the Orlando Magic CEO, wrote in a Jan. 14 letter to the state board. “Under President Cartwright’s leadership, UCF is on track to achieve preeminence by 2026, unlocking new opportunities and resources that will propel the university to even greater heights.”
Cartwright was hired at the school in April 2020.
Since Cartwright took over, the school’s four-year graduation rates improved while 72% of UCF graduates are finishing their schooling without taking any federal loans, Martins wrote in his letter.
Martins also praised Cartwright for helping grow the school foundation’s endowment from $163 million to $262 million.
Several major projects are underway, from building a bigger nursing school to expanding the football stadium.
“President Cartwright firmly believes that a vision without resources is just a hallucination, and he has worked closely with state leaders, community partners, and university supporters to secure the investments necessary for UCF’s future,” Martins wrote.
Cartwright thanked the state after his contract was renewed, according to the Orlando Sentinel.
“I do want to thank the state of Florida, our legislature, the governor’s office, everybody who has supported us in this vision of being Florida’s premier engineering and technology university,” Cartwright said. “It is the future. It’s what we need to be doing for Florida.”
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Multiple candidates are emerging to succeed term-limited Chuck Brannan in North Florida’s House District 10, which encompasses Baker, Bradford, Columbia, Union, and northern Alachua Counties.
Marshall Rawson, a member of the Florida Guard who aided Gov. Ron DeSantis’ illegal immigration fight in Texas, is looking to take his talents back to Tallahassee, where the University of Florida-trained lawyer served under Secretary of State Cord Byrd as a legal aide in addition to interning at the Department of Agriculture.
Unsurprisingly given his experience in Florida’s expedition to stem the tide of extralegal migration over the Mexican border, Lawson sees mitigation of Joe Biden’s border policies as central to his mission should he be elected.
“With the election of President Trump, voters sent a resounding message that the invasion at the border must be stopped and that corrections must be made, I will stand with our President and Governor to make this a reality while offering real, sustainable and long term solutions to the labor crisis throughout our state,” said Rawson, who is the North Florida Regional Director of the Republican Liberty Caucus.
It’s more than just the border for the candidate though.
“Florida has been the recognized leader of the states that rose up to push back against the Biden agenda and the radical left. The states have always been our safeguards for freedom, and to keep Florida strong, we must tackle the cost of living crisis, cut property taxes, stop the cannibalization of our vital rural farmlands and greenspaces, and protect our most vulnerable seniors and the unborn,” he said.
Rawson is the second filed candidate, joining Chase Brannan, the son of the outgoing lawmaker, in the field.
“My family history extends eight generations deep in Florida, especially in North Central Florida,” Brannan said earlier this month.
“Because of conservative principles instilled in me since childhood, I understand the value of community work and service to others. Therefore, I humbly offer my candidacy to serve as State Representative to the people of North Central Florida. I have seen first-hand how government can be used for the greater good but also harm the people of Florida. I will always fight to ensure the government serves the people. I strive to bring accessibility, conservative and rural values, and fairness to the citizens of North Central Florida.”
The winner of the GOP Primary will likely score an easy win in next November’s General Election, given the district’s strong conservative lean. In his final campaign for the seat, Chuck Brannan defeated Democrat Bobby Brady 74% to 26% last fall.
Rawson’s promise of standing with the Governor on police seems especially pointed at a moment when DeSantis has heavily criticized and even suggested he will fund Primary opponents for lawmakers who backed a Legislature-driven immigration bill over his proposal earlier this week. Rep. Brannon supported the bill.
But Rawson also comes from the agricultural sector, which has been in the middle of the controversy this week as DeSantis suggested many growers rely too heavily on cheap undocumented labor. Rawson owns and operates Free State Growers. He also served as an intern to former U.S. Rep. Paul Broun, a Georgia Republican with one of Congress’ most conservative records during his time in office.
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Jacob Ogles contributed to this report.
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